Dabur Red toothpaste ad: Delhi HC allows Dabur to use tagline with some modification

Recognising the need for some freedom to be given to advertisers, the Delhi High Court has allowed Dabur India to publish the advertisement for its ayurvedic toothpaste Dabur Red Paste with a slight modification. It said the company can use a tagline - "World's leading Ayurvedic paste" instead of “World's number 1 Ayurvedic paste.”

“It is clear that advertising is part of commercial speech and some puffery is allowed as long as the same does not go beyond the grey areas and the assertions made are reasonable," Justice Prathiba M. Singh said.

In Dabur’s context, the judge said that advertisement cannot be said to be without any basis. “Moreover, the report relied upon by the plaintiff also cannot be completely ignored and some credence can be given to the fact that as per the report, the plaintiff is selling one of the major toothpaste brands. In the opinion of this court, in business, some amount of freedom ought to be given to the advertiser,” she said, while permitting Dabur to publish the advertisement, however, with a slight modification.

Dabur India had moved the HC against the Advertising Standards Council of India's (ASCI) September 30 order that asked Dabur to modify its advertisement and restrain itself from publishing the ad that is misleading and constituted unfair portrayal and exaggeration.

While Dabur had told Council that its claims about the toothpaste were based on the market research studies conducted by Mordor Intelligence, the High Court noted that the report relied upon by the company couldn't be completely ignored, and some credence could be given to the fact that it is selling one of the major toothpaste brands. However, the advertising regulator had rejected Dabur’s claims especially on the authenticity of the data source supporting the claim that purports to display global leadership for the firm's ayurvedic toothpaste.

“After having perused the report and the objections raised by ASCI, this court is of the view that the advertisement cannot remain injuncted forever,” Justice Singh said.